After finding a deceased person’s will, first make sure it appears to be the most recent will, protect the original, obtain certified death certificates, and identify the executor. The executor may then need to file the will with the appropriate probate court, identify and protect estate assets, notify beneficiaries and creditors, pay valid debts and taxes, and distribute the remaining property according to the will and applicable law.
Finding a will is an important first step. However, it is usually the beginning of the estate settlement process, not the end.
Before beginning estate settlement, take reasonable steps to determine whether the will you found is the deceased person’s most recent will.
Check the date and look for any codicils or amendments. Consider whether the deceased experienced major life changes after the will was signed, such as marriage, divorce, a death in the family, significant financial changes, or moving to another state.
A newer will may also have been prepared by another attorney without family members knowing about it.
Search the deceased person’s personal records, contact known estate planning attorneys, check applicable court records, and consider conducting a search through The U.S. Will Registry.
The U.S. Will Registry records information concerning the location of registered wills. It does not store the actual will. A search may help identify information concerning another registered will or the attorney associated with it.
A Registry search does not determine whether a will is legally valid or which will controls the estate. However, finding another will after estate administration has begun could create delays, disputes, or additional legal work.
For additional ways to search, see How to Find a Will.
If you found the original will, keep it secure.
Do not write on it, remove pages, attach documents, or otherwise alter it. Make copies for reference while protecting the original.
If you only found a copy, do not assume the estate cannot proceed. Procedures for handling a missing original vary by state, so legal advice may be necessary.
You should also obtain certified copies of the deceased person’s death certificate. They may be needed by:
Certified copies can generally be obtained through the funeral home or the appropriate vital records office.
The will should identify the person chosen to serve as the executor, sometimes called the personal representative.
The executor is generally responsible for administering the estate and carrying out the deceased person’s instructions according to the will and applicable law.
Responsibilities may include:
The executor has a fiduciary responsibility to the estate and its beneficiaries.
However, simply being named executor does not necessarily give someone immediate legal authority to access accounts, sell property, or distribute assets. Depending on state law and the estate, a court may first need to formally appoint the executor.
The next step is determining the filing and probate requirements in the state and county where the deceased lived.
Probate is the legal process used to administer certain estate assets after death. It may include recognizing the will, appointing an executor or personal representative, addressing valid claims, and distributing probate property.
The American Bar Association explains the probate process and the general responsibilities involved in administering an estate.
Probate requirements and deadlines vary by state.
If you are unsure whether a will has already been filed, see How to Find Out If a Will Was Filed.
You can also read How to Find a Will in Probate Court for more information about wills that have become part of a probate proceeding.
Not every asset necessarily passes through probate. Life insurance with a named beneficiary, certain retirement accounts, jointly owned property, transfer-on-death assets, and property held in certain trusts may transfer outside the will.
Therefore, determine how each asset is legally owned before assuming the will controls its distribution.
The executor will generally need to identify the property and financial interests the deceased owned.
These may include:
Review financial statements, tax returns, mail, property records, insurance documents, and other records carefully. These can reveal assets or debts the family did not know existed.
Estate property should also be protected. This may involve securing the deceased person’s home, maintaining necessary insurance, protecting vehicles and valuables, and keeping accurate records of estate expenses.
Once properly authorized, the executor may also need an estate bank account to keep estate funds separate from personal money.
The IRS provides information for executors and estate administrators concerning federal tax and estate administration responsibilities.
The executor may be required to notify beneficiaries, heirs, creditors, and other interested parties.
Requirements vary by state, but notifications may involve:
Creditor procedures are especially important because states establish rules and deadlines for claims against an estate.
Do not assume every bill should immediately be paid. The executor should understand the applicable claims process and the legal priority of estate obligations.
Before distributing probate assets, the executor generally needs to address the estate’s legal obligations.
These may include:
The exact priority for paying claims and expenses depends on applicable law.
Executors should be particularly careful if the estate may not contain enough assets to pay all obligations.
Do not distribute property simply because the will identifies who should eventually receive it. Premature distributions can create problems if debts, taxes, or other estate obligations remain unresolved.
After applicable debts, taxes, expenses, and court requirements have been addressed, the executor can generally distribute the remaining probate assets according to the will.
Different assets may require different transfer procedures. For example, transferring real estate is different from distributing cash or personal property.
Keep accurate records of all distributions.
Depending on the probate process, the executor may also need to provide an accounting showing:
After the required procedures are completed, the estate can be closed and the executor may be formally released from further responsibility.
If another will is discovered after probate or estate administration has started, do not ignore it.
A later will could name a different executor, change beneficiaries, or provide different instructions for distributing property.
The effect of the newly discovered document depends on its validity, applicable state law, and what has already occurred in the estate.
If another will or codicil is discovered, consider contacting the probate attorney or court promptly.
This is why it can be worthwhile to make reasonable efforts to locate another will before estate settlement gets too far along.
Checking personal records, contacting known attorneys, reviewing applicable court records, and searching The U.S. Will Registry can provide additional ways to determine whether another will may exist.
Some estates are straightforward. Others can become complicated quickly.
Professional legal assistance may be particularly helpful when:
A probate attorney can explain the requirements and deadlines that apply in the state where the estate is being administered.
Protect the original, check its date, determine whether another will or codicil may exist, obtain certified death certificates, and identify the executor. Then determine the filing and probate requirements that apply to the estate.
Check the date and look for amendments or codicils. Search personal records, contact known estate planning attorneys, check applicable court records, and consider searching The U.S. Will Registry for information concerning another registered will.
Generally, an executor should not immediately distribute estate property simply because beneficiaries are named in the will. Legal authority may first be required, and debts, creditor claims, taxes, expenses, and probate requirements may need to be addressed.
Preserve both documents. Do not assume which will controls solely based on the date. Determining which will is legally valid may require review under state law or a decision by the probate court.
Not every estate requires the same level of legal assistance. However, a probate attorney can be especially helpful when multiple wills exist, beneficiaries disagree, substantial assets or debts are involved, or the executor is uncertain about legal requirements.
This article was prepared by estate planning researchers and reviewed by S. Miller and staff. With more than 25 years of experience in estate planning documentation and probate processes, our editorial oversight ensures clarity and accuracy. This content is provided for informational purposes only and does not constitute legal advice.
[View Our Editorial Policy]